Legal Question in Business Law in California

Re: Employee law

If the Companionship Agreement ("CA") is in writing, it will be much easier to determine whether it is legal under current California law or unenforceable because it is meretricious. This word comes from the Latin word "meretrix," meaning prostitute. Until a couple decades ago, our courts were pretty stuffy and would not enforce agreements between consenting adults if their main purpose, or an important part of the deal, was sex-for-money or at least the agreement had that appearance.

However, since the celebrated case of Marvin v. Marvin (1976) 18 Cal.3d 660, California courts hold that so long as there is a stable relationship involving significantly more than sex-for-money, the contract is legal and enforceable.

At the two extremes, however, the contract could veer off into unenforceability. One of those extremes is that a contract which is just a dating agreement won't be enforced, because courts have never enforced mere social agreements. Suppose everyone who failed to show up for their prom date could sue! So, that's why a siginficant and longer-term relationship is necessary. The other extreme is that since sex-for-money is illegal, the deal has to cover arrangements that go beyond, such as aspects of property sharing, living together, companionship, health care, or something of this sort that would be a legal consideration for the agreement.

I would guess without reading it that your agreement falls into the middle, enforceable category. It is what would be termed a "Marvin" agreement, after the famous California Supreme Court case cited above, which you can locate on line and read.

Re: Employee law

The difficulty that I have is the source of the funds. I think that this is a moral dilema. If so then my personal advice is to follow your conscious. My legal advice (if the disbursements were authorized) depends upon your expectations when you entered the agreement. Call me directly at 16192223504.

Re: Employee law

Don't get legal advice from "everyone." Get it from a lawyer, in person.

Re: Employee law

Without additional specifics of the situation your question is very difficult to answer. Consult with a local attorney before you take any action.